scaffolding

Rights of Pedestrians Involved in Scaffolding Accidents in NYC

New Yorkers deal with scaffolding daily. Now a part of the cityscapes, scaffoldings are framed setups of metal poles and wooden planks that support building construction. It serves as a platform for construction workers to do their job every day. These are commonly installed beside buildings where people walk under, making them a persistent hazard for all pedestrians. Objects can fall from scaffoldings at any time, which can lead to significant injury.

If you got involved in a scaffolding accident through a falling object that hits you right on the head, you might need a brain injury lawyer in New York to recover damages. Read on for everything you need to know.

Causes of Scaffolding Injury

Occupational Safety and Health Administration (OSHA) regulations are the primary rule document that contractors, employers, and employees abide by to maximize safety on a construction site. Specifically, OSHA’s scaffolding standards are rigorous and require a highly qualified person to maintain its safety.

Scaffolding accidents often occur due to failure to follow proper procedures and regulations during construction. Other common accident causes include:

  • Scaffolding is not stable as a structure for its intended purpose.
  • Objects or tools placed in the wrong areas are prone to be knocked off the scaffolding
  • Overloading the scaffolding planks
  • Inadequate knowledge of construction workers can lead to procedure violation
  • Construction vehicles driving into the scaffolding by accident
  • Environmental factors like wind, rain, and extreme temperatures

Laws Concerning Scaffolding Accidents

New York Labor Law 240 aims to protect construction workers in New York City from injuries after a fall from a scaffolding or sidewalk bridging. It is vigilant towards helping construction workers in claiming compensation. However, it does not cover pedestrians who might get involved in the same type of accidents. 

Another law, New York Labor Law 241(6), is suitable for innocent pedestrians walking by. This law states that building owners and their agents are to be held responsible for all construction works. 

If you are injured by scaffolding outside New York City, the Industrial Code Rule 23-1.33 might protect you.

What New York Pedestrians Can Claim From a Scaffolding Accident

The amount of damages you may be able to recover due to a scaffolding accident in New York City depends on whether you can prove liability, the severity of your injuries, your prognosis, your losses, and expenses. 

Recoverable damages by a New York City accident depend on the case you filed as an injured pedestrian. Specific recoverable damages include medical expenses, lost wages (actual and potential), and wrongful death.

Legal Help After a Scaffolding Accident

Scaffolding accidents are often disastrous for unsuspecting pedestrians. Unlike construction workers who are required to wear personal protection, pedestrians like you are most likely not protected by anything. If you or someone you know is the victim of such an accident, it’s best to seek the counsel of a legal team that specializes in personal injury suits.

Conclusion

As a regular pedestrian of New York City, it is important to note your surroundings at all times. Due to the city growing continuously, the probability of scaffolding accidents is always there. Knowledge of a challenging situation is the first step to avoid it or to claim compensation for it.

Do you know someone who’s experienced scaffolding injuries in New York City or any other injuries from relevant accidents? Contact us at 212-779-7070 for counseling by an Accident and Malpractice Attorney. Our highly qualified accident lawyer is a sure way to recover damages.